Status of scientific development of the legal regime of commercial secrets in Ukraine

Authors

  • Roman Zemliakov

DOI:

https://doi.org/10.15330/apiclu.68.1.39-1.51

Keywords:

commercial secret, procedure for classifying information as a commercial secret, strategic trade secret, procedure, information protection system

Abstract

Purpose: the scientific work was carried out in order to systematize the creation of the procedure for classifying information as a trade secret. The main task of this study was to establish, identify and develop the main directions of building a system for classifying a certain volume of data as a trade secret when applying procedures for protecting information with limited access.
Design/Method/Approach (only for empirical papers): in the process of writing the scientific work, qualitative research methods were used, based on the analysis of the regulatory framework and modeling of the processes of classifying information as a trade secret circulating in the internal, external and peripheral sectors of the organization.
Findings: based on the results of the scientific research, recommendations were developed on the procedure for creating and applying the procedure for classifying information as a trade secret in the field of protecting information with limited access, a distinction was made between trade secrets of functional importance and strategic application. The need for regulation and regulation of the information protection system when applying trade secrets of strategic importance was identified. Diversification of private business entities, conducting extensive scientific research and testing processes requires the development of cross-sector protocols for the protection of trade secrets based on the regulatory framework and a specific procedure for classifying information as a trade secret.
Theoretical implications (if applicable): in the process of conducting the study, a scientific theory was developed on the need to create and regulate the application of the procedure for classifying information as a trade secret and the application of a system of measures to protect certain categories of information.
Practical implications (if applicable): the practical application of the results of the conducted scientific research lies in the possibility of integrating the developed structure of the procedure for classifying information as a trade secret and the application of measures to protect certain categories of information within the framework of the general information system with limited access into the functional structure of management of organizations, scientific institutions, and research centers.
Originality/Value: based on the results of the scientific research, a structure of the procedure for classifying information as a trade secret was formed, criteria for evaluating a certain volume of data were formed. The basis for implementing a system of measures to protect certain categories of information was formed.
Research limitations/Future research: the results of the study can be integrated into the practical implementation and implementation of the procedure for classifying information as a trade secret within the organization in order to protect restricted information, determine the extent of damage in the event of a leak, disclosure or loss of material media containing trade secrets. The study focuses on analyzing the possibilities of improving the procedure for classifying information as a trade secret and classifying this segment of restricted information into subcontracts and groups in the interests of the business entity and ensuring national security.

Published

2025-08-07

Issue

Section

Public law. Policy in the field of fighting crime